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LL 06 Waterfront Residential Zones Local Law Filing NEW PORK STATE DEPARTMENT OF STATE g 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) s Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Qf3131 i Townof ................................Queensbury.............................................................. WIMP ' Local Law No. ..............6 ...................................... of the year 19 ...9.6 To Amend THe Code of The Town of Queeasbury.....Qhap.Z.er..1.7.9...Thezeo£,.. A local law ............................................... ........................................................ Entitled "ZoninAjAsert Title) Including Amendments to Provisions Relating to Waterfront Residential Zones Be it enacted by the ........................Town Board of the .............................................................. (Name of Legislative Body) Comm Ctm of Queensbury.............................................................. .........as follows: Town .......................... ......................... SECTION 1 . Chapter 179 of the Code of the Town of Queensbury, Section 179-7, entitled "Definitions and word usage" , is hereby amended to add the following two (2) definitions and to amend two (2 ) definitions, as follows : BUILDING/STRUCTURE HEIGHT - The distance measured. along a vertical plane from the highest point of the building or structure to finished grade at any point adjacent to the building or structure. BUILDING SQUARE FOOTAGE, TOTAL - Combined floor area of: 1 . All floors of the primary structure and covered porches, including the basement when at least three ( 3) feet in height of one wall is exposed and the space meets the requirements for living space as described in Section 711 and 712 of the New York State Building Code. 2 . Detached storage buildings greater than 100 square feet, and detached garages . 3 . Excluded from building square footage are: open decks, docks, and that portion of covered docks which extend into the water, one ( 1) shed of 100 square feet or less -- any additional sheds will be included. FLOOR AREA RATIO (FAR) - The relationship of building size to (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) DOS-239 (Rev. 7/90) lot size, derived by dividing the total building square footage (see Building Square Footage) by the lot size in square feet, yielding a percentage. LOT FRONT LINE - The lot line which abuts upon a street or highway right-of-way boundary. A lot with frontage on two (2) roads or a road and a shoreline shall be considered to have two (2) front lot lines . (See the Shoreline Regulations in 179-60 and lots bounded by two roads or shoreline in 179-30 . 1) SECTION 2 . Chapter 179 of the Code of the Town of Queensbury, Section 179-12, entitled "General; interpretation and application of regulations" is hereby amended to read as follows : C. Use regulations. (5) Principal buildings in residential zones . In areas zoned for single-family dwellings, a maximum of one ( 1) single-family dwelling may be constructed per lot, regardless of lot size. Construction of additional single-family dwellings shall require subdivision approval and shall be in conformance with the requirements of this Chapter. SECTION 3 . Chapter 179 of the Code of the Town of Queensbury, Section 179-16, entitled "Waterfront Residential Zones, WR-lA and WR-3A" is hereby amended to read as follows : S 179-16 . Waterfront Residential Zones, WR-lA and WR-3A. A. Purpose. The purpose of Waterfront Residential Zones is to protect the delicate ecological balance of all lakes and the Hudson River while providing adequate opportunities for development. WR-lA - At least one ( 1) acre is required for each principal building within the zone. A minimum of two (2) acres is required for clustering. (See Article VII of Zoning Ordinance and Article IX of Subdivision Regulations . ) WR-3A - At least three ( 3) acres are required for each principal building within the zone. A minimum of six ( 6) acres is required for clustering. (See Article VII of Zoning Ordinance and Article IX of Subdivision Regulations . ) (2) A maximum of one ( 1) single-family dwelling may be constructed per lot, regardless of lot size. Construction of additional single-family dwellings shall require subdivision approval, and shall be in conformance with the requirements of this Chapter. B. Maximum density. Waterfront Residential Zones are divided into areas with two (2) different densities : WR-1, where one ( 1) principal building is allowed for every one ( 1) acre within the zone, and WR-3, where one ( 1) principal building is allowed for every three (3) acres . C. The following uses and structures are permitted in Waterfront Residential Zones : ( 1) Principal uses : (a) Occupancy of one ( 1) dwelling by a family. (b) Occupancy, by individuals, of a building which facilitates hunting and fishing activities . No commercial use is allowed. (2) Principal structures : (a) Single-family dwelling. (b) Hunting/fishing cabin, less than three hundred ( 300) square feet. ( 3) Accessory uses : (a) Storage of vehicles, boats and other items associated with the principal use of a single family dwelling. (b) Private recreation activities, including, but not limited to, boating, swimming, tennis, etc. (c) Home occupation. (4) Accessory structures : (a) Private garage/private boat storage building. (b) Storage shed. ( 3) (c) Recreational facilities, private. (d) Private dock. D. Site plan review and approval from the Planning Board is required prior to conducting the following uses or activities : ( 1) Clear-cutting of an area greater than one ( 1) acre. E. Site plan review and approval from the Planning Board is required prior to the construction of the following structure(s) /building(s) : ( 1) Private boathouse. (2 ) Covered docks . F. Lot, yard, height, and building size regulations shall be as follows : WR-lA WR-3A Lot Area 1 acre 3 acres Lot Width 150 ' 150 ' Depth N/A N/A Front Setback 30 ' 30 ' Side Setback* 25 ' 25 ' Rear Setback 25 ' 25 ' Shoreline Setbacks 50 ' *** 75 ' Min. % Permeability Req'd. 65% 65% Max. Bldg. Height Principal Structure** 28 ' 28 ' Detached Accessory Structure 16 ' 16 ' Max. % Floor Area Ratio 22% 22% Lot Size/Dwelling 1 acre 3 acres *Lot Width of 50 ' or less = 12 ' for each side & rear setback >50 ' up to and including 60 ' = 15 ' for each side and rear setback (4) >60 ' and <150 ' = 20 ' for each side & rear setback **As measured along a vertical plane from the high point of the building/structure to grade at any point adjacent to the building or structure. ***Or the average setback of the houses on the two (2 ) adjoining lots, whichever is greater. G. Compliance with septic regulations . Any increase in the floor area of an existing structure serviced by sanitary facilities which requires a building permit, shall conform with the requirements of Chapter 136 . SECTION 4 . Chapter 179 of the Code of the Town of Queensbury, Section 179-30 . 1, entitled "Lots bounded by two roads", is hereby amended to read as follows : S 179-30. 1 Lots bounded by two roads or a road and shoreline. The definitions of front, rear and side yard notwithstanding, where a lot is bounded by two (2 ) roads (a public road or public right-of-way exclusive of private right-of-way) , or a road and a shoreline, any front yard or setback requirements set forth in this chapter shall be met on both such boundaries . Both areas or sides of the lot adjacent to each road or shoreline shall be considered front yards for chapter compliance purposes . The remaining areas shall be considered rear yards . The lot will be treated as if it had no side yards, but only front and rear yards, for zoning compliance purposes . SECTION 5 . Chapter 179 of the Code of the Town of Queensbury, Section 179-60 entitled "Shoreline and wetland regulations" is hereby amended to read as follows : B. Regulations (c) Shoreline setbacks . The minimum setback from the mean high-water mark of all principal buildings and accessory structures, other than docks or boathouses, shall be fifty (50) feet or the average setback of the houses on the two (2) adjoining lots, whichever is greater, in the WR-lA zone, seventy-five (75) feet in the WR-3A, LI-lA, LI-3A, WR, SR, SFR, UR, MR, CR, and RR Zones and all (5) Commercial Zones, one hundred ( 100) feet in LC and PR Zones and two hundred (200) feet in HI-3A Zones. SECTION 6 . Effective Date. Immediately upon filing with the Secretary of State, in accordance with the provisions of Municipal Home Rule Law Section 27 . (6) TOWN OF QUEENSBURY DIAGRAM_ BUILDING HEIGHT [See 179-7] Highest point of building Building Height � I Finished � I Grade Building/Structure Height-The distance measured along a vertical plane from the highest point of the building or structure to finished grade at any point adjacent to the building or structure. (7) Front Yard Setback 30' TOWN OF QUEENSBURY Waterfront Residential Zone— Chapter 179-16 I Diagram of Setbacks I ( I as specified in the I I I I ordinance for �z I 12, Co 15.L-J i—_� 25• — 2s' Waterfront Lots Shoreline setback 50',or average setback of the two adjacent houses,whichever is greater Lot Width 0-50' >50,<60' >60 and<150' 150 and greater J' 13 oot applicable.) 1. • (Final-adoption by local legislative body only.) I hereby certify that the local law annexed hereto, desigtated as local law No. 6 96 of 19 of the (� �)(Town)(NN4W) of Queen ury was duly passed by the Town Boar on QStoher 7th. 19 96 in accordance with the applicable provisions of law. (Name o egis ativsBody) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after ame of egis alive o y disapproval) by the and was deemed duly adopted on 19r scttve hie xeeutive t uer in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19 , and was (approved)(not disapproved)(repassed after Name of Legislative Body disapproval) by the on 19_ Such local law was Elective Chief Executive Officer*) submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (gene ral)(special)(annual) election held on 19_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referndum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19 , and was (approved)(not disapproved)(repassed after Name of Legislative Body disapproval) by the on 19_ Such local law was subject to Elective Chief Executive Officer* permissive referendum and no valid petition requesting such referendum was filed as of 19_, in accordance with the applicable provisions of law. 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (9) S. (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the'-local law annexed hereto,designated as local law No. ........ of 19........ of the City of ................................. having been submitted to referendum pursuant to the provisions of 137 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special ene al election held on ............ ............19.........became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19......... of the County of ......................State of New York,having been submitted to the Electors at the General Election of November .............19.......pursuant to subdivisions S and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certifica- tion.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph......j......above. L Clerk of the County legislative body,City.Town OrViffr>Av Clerk or officer designated by local legislative body Date: b —I-, (Seal) (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF Warren ................................. 1, the undersigned, hereby certify that the forego' o 11nnexed he correct text and that all proper proceedings have been had or taken for the enact f her ... .. ... Signature...................... Mari S chacfirie'r Title" Ta,&ounsel Date: �� CI�DTown of ...QueeRSbuly.................. (10) I, STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 12231-0001 ALEXANDER F. TREADWELL SECRETARY OF STATE October 17, 1996 DARLEEN M DOUGHER TOWN OFFICE BLDG. 742 BAY ROAD QUEENSBURY, NY 12804 RE: Town of Queensbury, Local Law 6, 1996, filed 10/16/96 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Please be advised only 1 original local law is required to be filed in our office. Sincerely, q0Aj Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml printed on recycled paper P 359 386 236 Receio.for Certified MAH s� No Insurance Coverage Provided UNI EDsTATES Do not use for International Mail os„zEa r (See Reverse) U stage � 1,47 Lt hued f-,;� `,uecta�Dn�ro..t� re,. Restnct,d()F'he,y Fee P„tufn Rece pt Sho-n,j j n to Whpm&Det,;pehv�r ed r �� Return Receipt Shuwinq to VOI m, r_ U3te,and Addresser's Addwss r)TAL Postagr 3 h Fees POStMYk ur Date CO E E O LL 1 . rn a 'x'sI.-'4., - —.,&/,4�''�°µ�. 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Consult postmaster for fee. 3.Article Addressed to: "ale e�j E ' �/� 4b.Service Type o '� 1�fl ❑ Registered Certified ❑ Express Mail ❑ Insured ❑ Retum Receipt for Merchandise ❑ COD g } 7.Date of Delip�ry q 5 0 r�,11 tt��r 4 5.Received By:(Print Nam ) 8.Addressee's Address(Only if requested m � and fee is paid) t cc t•- c 6.Signature:(Addressee or X �' PS Form 3811,December 1994 Domestic Return Receipt FIA;Of The following material has been received and will he prnces8ed for inclusion in YOUr Code as supplemental pages (where applicable) : Local Qw No. 606. Town of Queenshury CIO Clerk's Office, 531 Bay Mac! Queensbury. NY 12804